Lachman Co. v. Central California Berry Growers' Ass'n

This is an appeal from an order denying the motion of the defendant T. Uno to change the place of trial of the action from the city and county of San Francisco to San Benito County, the residence of said defendant.

The action is a personal one, being an action to recover damages for alleged breach of a contract to deliver certain quantities of strawberries. Defendant Uno appeared and filed a demurrer to plaintiff’s complaint and at the same time filed an affidavit of merits and made his motion for a change of the place of trial. Said motion was based upon the ground of the residence of said Uno in San Benito County, and upon the further ground that the Central California Berry Growers’ Association was not a proper defendant in the action; that plaintiff corporation has no cause of action against said Central California Berry Growers’ Association, a corporation, arising out of the subject matter of said action, or the contracts referred to in the amended complaint, and that no judgment can be entered against said Central California Berry Growers’ Association, due to any alleged breach of said contracts; that said Central California Berry Growers’ Association was made a party…